Court No. - 2
Case :- WRIT - C No. - 17490 of 2021 Petitioner :- Katar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Mishra Counsel for Respondent :- C.S.C.,Yashwant Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, Shri Yashwant Singh, learned counsel appearing for the Bank, as well as learned Standing Counsel appearing for the State respondents.
The petition is directed against the impugned recovery notice dated 5.3.2020 issued by the third respondent-Bank for recovery of Rs. 6,14,000/- + interest.
Learned counsel for the petitioner states that the petitioner is ready to deposit the entire amount in six quarterly installment and in the meantime, recovery may be stayed.
In view of the aforesaid statement, the petitioner is directed to deposit Rs. 4,00,000/- (Rupees Four Lakh) on or before 16 September 2021.
Considering the aforesaid, the writ petition is disposed of with the following direction:-
1. The recovery proceedings shall be kept in abeyance, provided the petitioner deposits Rs. 4,00,000/- (Rupees Four Lakh) on or before 16 September 2021.
2. On deposit of Rs. 4,00,000/- (Rupees Four Lakh) on or before 16 September 2021, the respondent-bank would furnish the complete statement of accounts showing all the deposits which have been made by the petitioner till date and the balance amount payable with interest.
3. Rest of the amount shall be deposited by the petitioner in six equal quarterly installments, commencing from 1 November 2015.
4. Any amount already deposited shall be adjusted.
5. The petitioner shall make deposit of the last installment along with upto date interest.
6. In the event of default in complying with any of the aforementioned conditions, it would be open for the respondents to recover the amount forthwith, in accordance with law.
7. As only the citation has yet been issued and recovery has not been proceeded with, therefore, in case, the petitioner makes deposit as per the above schedule, no recovery charges shall be realized from him.
With the aforesaid direction, the petition is disposed of.
Order Date :- 30.7.2021 S.Prakash